Former testimony exception

Under the Federal Rules of Evidence, the former testimony exception to the hearsay rule allows former testimony of a witness in one proceeding involving the same issue and same parties to be admissible in a second proceeding, provided that (1) there is a meaningful opportunity to cross examine or to develop the testimony since it was given live in the first proceeding; and (2) the declarant is unavailable to testify in the second proceeding.

 

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